2016 is earliest question could go on ballot

Sen. Mike Young, R-Indianapolis, at podium, center, makes closing comments during a debate on a measure to amend the state constitution by banning gay marriage on Monday, Feb. 17, 2014. The Indiana Senate voted Monday in favor of the measure 32-17, but it will be 2016 at the earliest before the measure appears on a statewide ballot because of a late change that limits the scope of the ban. (AP Photo/The Indianapolis Star, Charlie Nye)

Sen. Mike Young, R-Indianapolis, makes closing comments during a debate on a measure to amend the state constitution by banning gay marriage on Monday, Feb. 17, 2014. The Indiana Senate voted Monday in favor of the measure 32-17, but it will be 2016 at the earliest before the measure appears on a statewide ballot because of a late change that limits the scope of the ban. (AP Photo/The Indianapolis Star, Charlie Nye)

INDIANAPOLIS - The Indiana state Senate on Monday placed the fate of a proposed state constitution amendment that would ban same-sex marriage in the hands of a future General Assembly.

The Senate passed the amended, one-sentence ban, 32-17, marking the measure's final vote in 2014. Sen. Vaneta Becker, R-Evansville, joined four other Republicans to vote against the ban.

The proposed amendment to Indiana's constitution, known this session as House Joint Resolution 3, is now open for consideration as early as 2015 or 2016.

The ban now defines marriage as between one man and one woman following the Indiana House removing controversial language banning civil unions by deleting the measure's original second sentence. Because the language of the amendment changed, a second General Assembly will have to agree to the wording before it can be placed before voters for ratification.

Becker said she listened to her constituents in voting against the ban, explaining that of more than 1,000 constituents who contacted her, more than 800 were opposed to the amendment.

Becker said she supports traditional marriage and voted for the state law that defines marriage as between one man and one woman in 1986. But because of the state law, Becker said she doesn't feel amending the state constitution to include a definition is needed.

"This amendment as it is now written doesn't go to the voters (in 2014)," Becker said. "We're going to be back again next year. I think since we already have a law in the books that we really don't need to deal with this issue."

Before coming onto the Senate floor for Monday's vote, Senate Republicans remained in caucus nearly 90 minutes after the session had been set to start. Once on the floor, several Democrats asked the chamber to vote the same-sex marriage ban down, saying public opinion had changed.

State Sen. Jim Tomes, R-Wadesville, said he considered voting against the amended measure but decided to support it as "one last stand, one last chance" to keep the ban going. In speaking on the floor, Tomes said he wrestled with his vote and that it's been a "real struggle."

"I was hoping that this bill would have stayed in its original form because I think we promised the folks that they would get to vote," Tomes said. "Seems like they are the only ones that's not going to get to vote, seems that way, at least on the original promise."

Tomes said his words to his fellow lawmakers came from the heart and that he appreciated their votes.

"Yeah, it's a moral issue — it is for me. Am I so wrong to let that guide me on what I decide on? I think not. I'm going to answer to the Supreme Legislator, we all are one of these days," Tomes said.

The Senate's vote culminated weeks of debate on the same-sex marriage ban with hours of testimony heard by committees in both the House and Senate. A defining moment came when the majority of the House voted to remove the civil unions ban, first calling into question whether the ban would go before voters on November's ballot.

Supporters of the proposed ban, joined by the Indiana Family Institute and a number of national organizations, argued stripping the civil unions ban weakened the measure.

Opponents, led by the grass roots coalition of Freedom Indiana, maintained that writing a same-sex marriage ban into the state's constitution would hurt businesses' ability to recruit a top workforce. Particularly, a Senate committee hearing on the proposed ban brought mothers and fathers to the Senate floor to testify in support of the rights of their gay children.

Indiana Gov. Mike Pence said lawmakers conducted the debate in a "civil and respectful manner" in a statement released Monday following the Senate's vote.

"While I had hoped that this measure could be sent to voters this year, I accept the outcome of the legislative process and look forward to continuing to work with members of both parties to advance our agenda for good jobs, great schools and strong communities during the remainder of this session," Pence said in a statement.

State Sen. Mike Delph, R-Carmel, who launched a Twitter debate after the caucus declined Thursday to hear amendments, said Monday that he would not vote for the measure without a civil unions ban. Delph said he wanted a senator to make a motion to add it back in. However, neither Delph nor another senator made such a motion on the floor.

Senate President Pro Tem David Long said he expects the same-sex marriage amendment to return and be on the 2016 ballot.

"And I think that's good," Long said. "Because I do think in the end, the people of Indiana need to weigh in on this."